Supreme Court to Hear Places of Worship Act Case in April: A Detailed Analysis

Supreme Court to Hear Places of Worship Act Case in April: A Detailed Analysis

Introduction

The Supreme Court of India has scheduled the hearing of multiple petitions challenging the Places of Worship (Special Provisions) Act, 1991 for the first week of April. The Act, which maintains the religious character of places of worship as they stood on August 15, 1947, is under legal scrutiny for allegedly violating constitutional principles.

Supreme Court’s Observations on the Case

On February 12, a bench headed by Chief Justice of India (CJI) Sanjiv Khanna and Justice P.V. Sanjay Kumar adjourned the hearing, noting that the case requires a three-judge bench. CJI Khanna also highlighted the increasing number of intervention applications and writ petitions related to the Act.

🔹 The court clarified that while fresh petitions would stand dismissed, new grounds could be raised in the pending matters through intervention applications.

Who Filed Petitions Against the Act?

Several Hindu petitioners, including BJP leader Subramanian Swamy, Maharaja Kumari Krishna Priya (Kashi Royal Family), retired army officer Anil Kabotra, and religious leaders like Swami Jeetendranand Saraswati and Devkinandan Thakur Ji, have challenged the validity of the Act.

Key Arguments by Hindu Petitioners

📌 The 1991 Act violates fundamental rights, including the right to equality and freedom to practice religion.
📌 It prevents Hindus, Jains, Buddhists, and Sikhs from reclaiming their religious sites that were allegedly destroyed by invaders.
📌 The Act allows an exception for Ayodhya’s Ram Janmabhoomi, but does not extend the same consideration to Krishna Janmabhoomi in Mathura, despite both being incarnations of Lord Vishnu.
📌 The Act takes away the judicial remedy to challenge religious encroachments.

Who Opposes the Challenge to the Act?

Several organizations and political leaders, including:
🔹 Indian National Congress
🔹 Communist Party of India (Marxist-Leninist)
🔹 All India Majlis-e-Ittehad-ul-Muslimeen (AIMIM) head Asaduddin Owaisi
🔹 Jamiat Ulama-I-Hind
🔹 All India Muslim Personal Law Board
🔹 Shahi Idgah Mosque Committee (Mathura)
🔹 Gyanvapi Mosque Committee (Varanasi)

They argue that accepting these petitions would open floodgates of litigation against thousands of mosques and disturb communal harmony in the country.

Key Provisions of the Places of Worship Act, 1991

The Act prohibits the conversion of religious places and states:
✔ Section 3: No religious place’s character can be altered from what it was on August 15, 1947.
✔ Section 4: All pending court cases related to religious conversions (except Ayodhya) are dismissed.
✔ Section 5: The Act does not apply to the Ram Janmabhoomi-Babri Masjid dispute, allowing the Supreme Court’s 2019 verdict to settle the matter.

Supreme Court’s Previous Orders on the Act

⚖ On December 12, 2023, the Supreme Court stayed all lower court orders regarding religious surveys of mosques and temples, including the Gyanvapi mosque and Krishna Janmabhoomi disputes.
⚖ The court also barred fresh suits related to religious conversions while the constitutionality of the Act is under review.

What Lies Ahead?

The upcoming Supreme Court hearing in April 2025 is expected to shape the legal discourse on the balance between religious rights and secular governance in India. If the Act is struck down, it could lead to multiple legal battles over religious sites across the country.

💬 What’s your take on the Places of Worship Act? Do you think it should be reconsidered? Drop your thoughts in the comments!

Location: Pune, Maharashtra, India

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